Copyrights - Infringement Complaint


#1

Hello everyone, a lot of my listings were banned due to copyrights, but the funniest thing is that I’m the manufacture of these items, I have my own workshop and we make items (Gorka 4 + t-shirts were banned). I tried to contact the right owner that was stated in e-mail, but his e-mail doesn’t exist and I can’t do a thing with him. I told Amazon about this situation, but they just ask these:

– Proof of product authenticity (e.g., invoice, Order ID, licensing agreement, letter of authorization). It must clearly prove that your products do not infringe any intellectual property rights. Please send this information, any other documentation, and a list of impacted ASINs to notice-dispute@amazon.com.
– Greater detail on the root cause(s) of the infringement.
– Greater detail on the actions you have taken to resolve issues.
– Greater detail on the steps you have taken to prevent infringement going forward.
– Greater detail on why you believe an error has occurred.

I presume that this is my concurrent which want to close my items/shop.
Please, tell me what to do, should I call Amazon by phone or just go on e-mailing them.
If someone faced this problem then let me know, thank you!

Also, I can prove that I have a workshop, but I don’t know how to correctly cooperate with Amazon support.


#2

You’d better provide Amazon with the requested information as soon as possible.


#3

HI @Soviet_Vintage_Items,

Arthur here to assist.

Although you are the manufacturer of the items that have infringement complaints against them, is it possible you are using intellectual property without permission? While you are reviewing the complaint(s) in your account, I suggest reading the ‘Intellectual Property Policy for Sellers’ page here: https://sellercentral.amazon.com/gp/help/G201361070 in order to obtain a better idea of things that could have been overlooked previously.
The items made in your workshop might not be the ultimate concern, it’s the creative work that is being infringed upon.

Since you are make your own goods, I’m guessing you won’t be able to provide invoices. That being said, you need to communicate as clearly as possible the reasons why you can’t provide what was originally asked for. You need to send an email to notice-dispute@amazon.com with your appeal of the closed listings. A review of your account will be performed, and we will respond to you once that review has been completed.

Let me know if you have any further questions. I am here to help!

Best,
Arthur


#4

Hello, thank you for an answer, buyt I manufacture only t-shirts, not tactical stuff.
I provided Amazon and notice-dispute with this information:
August 10, 2019 4:01 PM EEST
The root cause of the issue
Hello, my name is Vladimir, I discovered that my items were restricted because Amazon has received a message where is written that right owner claims that I sell counterfeit products. Were banned Gorka uniforms and Telnyashka T-shirts.

The actions you have taken to resolve the issue
I tried to contact “right owner” as was stated by Amazon in an e-mail, I tried to do that from the different Emails, but I haven’t succeeded, because everywhere is written that provided e-mail doesn’t exist.
Contact information of “right owner”:
Cedric Jones
{removed email}
All my banned items are Gorka uniforms, from Russian company - Bars. I’ve called Bars company and they don’t have any questions about selling Gorka on Amazon. Also, I’ve checked Brands on Amazon and there isn’t a brand like “Bars” or “Gorka”, so I don’t have any idea why we were accused of selling counterfeit.
Also, t-shirts “Telnyashka” were restricted, but T-shirts can’t be counterfeit, because we are the makers of them, there is no brand attached to them, it’s Russian national wearing since Soviet Times, it was worn by sailors and civilians.
I tried to contact a few times seller-performance@amazon.com to find out about details of this case and to request valid contact details of “right owner”, but I haven’t received any answer.
I contacted notice-dispute@amazon.com with all proves that we don’t sell counterfeit, but for a strange reason, they told me that I’m writing from Email that isn’t linked to an Amazon account. I was writing from non-stop-seller@mail.ru and this Email is linked to my account because I receive all notifications on it.
After this, I opened a case on my Amazon account, where were attached all documents and proves, but they said that I should contact notice-dispute@amazon.com, so I did it again, but on next day I received a message about suspending of my account.
I’ll attach to this post all documents and invoices that prove our innocence, it’s on Russian language (original) and English (translated).
Cedric Jones claims are invalid, libelous, and a criminal act of perjury. The Gorka Uniform is made by Bars, and Telnyashkas are national wear, I attached a file with all ASINS.
Cedric Jones has no connection with Bars company, nor does he have any relationship to the item for sale. The product picture is not the intellectual property of Cedric Jones and Bars doesn’t manufacture any Soviet Telnyashka t-shirts.
Please note the claimants’ email address is "{removed email} ". gmail.com is a free email service with no validation of the sender’s identity. Bars is the most famous Russian company that would not use an unprofessional freemail service for legal claims. This is clearly a fake and malicious claim submitted by an unauthorized third party.

The steps you have taken to prevent the issue going forward
We check every our item on the fact of brand registration, if there is anyone who sells the same product as us and if it’s brand registered. If we work with any supplier and when the item isn’t handmade we coordinate sales.
I had no intention in disobeying Amazon’s laws, I respect them and work honestly, all my customers are satisfied with my product and I love selling here. I hope on a fair verdict and my account will be reopened.
Best Regards, Vladimir Bandura.

Also I attached Contract on Eng and Rus + Invoices and banned ASINS.

(edit by Oneida Books)


#5

Actually by that time notice-dispute answered me, but before that they said I was using wrong e-mail.


#6

Also may I ask you, will Correspondence with the manager be a suitable evidence of our innocence, I have screens?


#7

Seems you’ve been targetted by a fake complaint, likely by competitors looking to remove your offers and/or account. As you can tell from the thread, Amazon appear strikingly circumspect in respect of fake accusers. Even when it’s obviously fraud. Why that is currently the case isn’t clear. It could be monopolistic practices on steroids, or it might simply be procedural deficiencies in 2019. Given Amazon’s remarkable disinclination to address this, the bias is perhaps now getting more weighted on the former. :anguished:


#8

I understand this, but my account still isn’t unbanned. I tried to contact those who sell these tactical goods and telnyashka t-shirts but they don’t answer. I still don’t know how to appeal, because notice-dispute answer within a week or never answer.